Terms of Use

1. Scope

Any use of this web site provided by Siemens Medical Instruments Pte Ltd and/or its affiliates ("Siemens") ("Siemens Web Site"), is subject to these Terms of Use. With log-in, or where a log-in is not required, any person in accessing or using the Siemens Web Site (“User”), hereby expressly accepts and agrees to be legally bound by these Terms of Use (in their then current version). Siemens reserves the right to amend, modify these Terms of Use at any time without giving the User any prior notice. These Terms of Use may also be replaced by such other terms and conditions as may be issued by Siemens from time to time, e.g. for the purchase of products and services, such change to be deemed to take effect immediately (unless specified otherwise by Siemens).

2. Services

2.1 This Siemens Web Site contains specific information and software, as well as, as the case may be, related documentation, for viewing or downloading.

2.2 Siemens may stop the operation of the Siemens Web Site in full or in part at any time at its discretion. Due to the nature of the internet and computer systems, Siemens expressly disclaims any liability for the continuous availability of the Siemens Web Site.

3. Registration, Password

3.1 Some pages of the Siemens Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Siemens reserves the right to deny registration to any User. Siemens particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Siemens is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User

• uses false data for the purpose of registration;
  
• violates these Terms of Use or neglects its duty of care with regard to User Data;
  
• violates any applicable laws in the access to or use of the Siemens Web Site; or
  
• did not use the Siemens Web Site for a longer period.
  

3.2 For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Siemens, is current at all times and an address at which the User can be contacted.

3.3 Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Siemens into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.

3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Siemens thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5 After receipt of the notice under paragraph 3.4, Siemens will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Siemens or upon new registration.

3.6 The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Siemens will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed except in the case of any mandatory legal requirements and for compliance purposes.

4. Rights of Use to Information, Software and Documentation

4.1 The use of any information, software and documentation made available on or via this Siemens Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Siemens. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

4.2 Siemens grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Siemens Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Siemens in making same available.

4.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Siemens shall make the source code available in return for the payment of costs.

4.4 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

4.6 Siemens cannot and does not guarantee or warrant that files available for downloading through the Siemens Web Site will be free of infection by software viruses or other harmful computer code, files or programs.

5. Intellectual Property

5.1 Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Siemens Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Siemens.

5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

6. Duties of the User

6.1 In accessing or using the Siemens Web Site the User shall not

• harm other persons, in particular minors, or infringe their personal rights;
  
• breach public morality in its manner of use;
  
• violate any intellectual property right or any other proprietary right;
  
• upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
  
• transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  
• distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
  

6.2 The User further agrees to use the Siemens Website only for lawful purposes. The User also agrees not to take any action that might compromise the security of the Siemens Web Site, render the Web Site inaccessible to others or otherwise cause damage to the Web Site or any content contained in the Siemens Web Site (“Content”). The User agrees not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you.

6.3 Siemens may deny access to the Siemens Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use

7. Hyperlinks

The Siemens Web Site may contain hyperlinks to the web pages of third parties. Siemens shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Siemens does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

8. Liability for defects of title or quality

8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded to the fullest extent allowed by law.

8.2 The information on the Siemens Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

8.3 All Contents contained in or accessed through Siemen’s website are provided on an "as is" and “as available” basis and the User expressly agrees that the User uses them at the User’s sole risk. Siemens expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent allowed by law. Without prejudice to the foregoing, Siemens makes no warranty as to the accuracy, reliability or quality of any content obtained through Siemens’ websites or any defects therein will be corrected and that such content and access to them are error free and uninterrupted or available at all times.

9. Limitation on Liability

UNDER NO CIRCUMSTANCES WILL SIEMENS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS OR LIABILITIES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF OPPORTUNITY) ARISING FROM THE USER’S ACCESS AND/OR USE OF THE SIEMEN’S WEBSITE OR ANY INFORMATION, HARDWARE, SOFTWARE OR SERVICE PROVIDED BY SIEMENS THROUGH THE SIEMENS’ WEBSITE, EVEN IF SIEMENS HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

10. Export Controls

10.1 TThe export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of Singapore, Germany and the USA. Siemens shall label information, software and documentation in relation to German export control lists and U.S. Commerce Control List and as required under Singapore law.

10.2 The User shall particularly check and verify that

• the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons;
  
• no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, software or technology of U.S. origin;
  
• no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and
  
• no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;
  
• no military consignees shall be supplied;
  
• the early warning instructions of the respective German authorities shall be observed.
  

Access to software, documentation and information on the Siemens Web Site shall only take place if such conforms with the above checks and guarantees. Where the User does not comply with the above, Siemens shall not be obliged to perform.

10.3 Upon request, Siemens shall inform the User of the relevant contact points for further information.

11. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Siemens Web Site, Siemens shall comply with applicable laws on data privacy protection and the Siemens Web Site Data Protection Privacy Policy, which is available per hyperlink on the Siemens Web Site and/or on www.hearing-siemens.com.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1 Any supplementary agreement to this Terms of Use must be in writing.

12.2 The individual pages of the Siemens Web Site are operated and administered by Siemens Aktiengesellschaft and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Siemens makes no representation that information, software and/or documentation on the Siemens Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Siemens Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Siemens Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Siemens, the User should contact the Siemens representative for the particular country for country specific business.

12.3 The Terms of Use and the relationship between Siemens and the User shall be governed by, and interpreted in accordance with, the laws of Singapore. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

12.4 Any dispute, whether contractual or not, arising out of or in connection with these Terms of Use (including any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration in Singapore, conducted in the manner set out below. The International Arbitration Act (Cap. 143A) ("IAA"), and the UNCITRAL Model Law on International Commercial Arbitration ("Model Law"), as adopted by the IAA, shall govern any arbitration under § 12.2. Pursuant to Article 19 of the Model Law, the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") shall apply by agreement of Siemens and the User, subject to the mandatory provisions of the Model Law.

12.5 The arbitration tribunal shall consist of one (1) arbitrator to be appointed by the chairman of the SIAC. The language of the arbitration shall be English.

12.6 Any dispute over the applicability of § 12, the SIAC Rules, the Model Law and/or the IAA shall be referred to the arbitration tribunal, who shall use best efforts to deliver a decision, reached without holding an oral hearing if the arbitration tribunal so determines, to resolve the dispute within twenty-one (21) days after the matter is referred to it. The decision of the arbitration tribunal shall be final and binding on the parties.

13. Contracts (Rights of Third Parties) Act

Save for the Siemens group of companies, a person who is not a party to this Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.